14 Jan Virginia Collective Actions – a Lawyer’s Notice
Public notice, particularly Court-facilitated notice, of a class action, collective action or multi-claimant action often is critical to the lawsuit maximizing the number of victims obtaining redress. Avery T. “Sandy” Waterman, Jr., Esq. recently has obtained such favorable notice in Newport News and Williamsburg, Virginia.
The Norfolk Division of the United State District Court for the Eastern District of Virginia entered Notice of Pendency of Collective Action Lawsuit on June 20, 2007. The consolidated cases were Choimbol v. Fairfield Resorts, Inc., No. 2:05cv463 c/w Gombosuren v. Fairfield Resorts, Inc., No. 4:06cv055 c/w Bahamolau v. Fairfield Resorts, Inc., No. 4:06cv147, filed in Newport News and Norfolk, Virginia.
The Court-facilitated notice was published in local newspapers, The Daily Press and The Virginia Gazette. Both publications were full-page versions of the notice in two languages, English and Cyrrillic, to reach the most foreign victims.
Plaintiffs’ counsel initially has to bear the substantial expense of such newspaper publication. Ultimately in settlement all such costs may be shifted to the Defendant.
In Choimbol, Gombosuren and Bahamolau, the published notice was effective. It encouraged additional victims to join the collective action lawsuit.